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Judgment
Heard the parties through video conferencing.
Learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the
present.
The petitioners have been made accused in connection with Charhi P.S. Case No.87 of 2019 registered under Sections 323, 447, 357, 506, 34 of the
Indian Penal Code, Section 27 of the Arms Act and Section 17 of the C.L.A. Act.
Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners being the extremists entered into the C.C.L.
Office at Railway siding Charhi and thereafter overpowered home guard personnel and other security guards and assaulted them and posted posters
of T.P.C. and threatened the persons present there to stop the transportation of coal. It is submitted that the allegation against the petitioners is false.
It is further submitted that the petitioners are not named in the F.I.R. and they have been implicated in this case only on the basis of the confessional
statement of the co- accused persons. It is also submitted that several co-accused, with similar allegations, have already been admitted to bail by
different co- ordinate Benches of this Court. It is then submitted that the petitioners undertake to co-operate with the trial with the case. It is lastly
submitted that the petitioners have been in custody since 19.10.2020 which is evident from para-16 of the instant bail application. Hence it is submitted
that the petitioners be released on bail.
Learned Addl. P.P. appearing for the State opposes the prayer for bail.
Considering the facts of this case, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees
twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M at Hazaribagh in connection with Charhi
P.S. Case No.87 of 2019 with the condition that they will co-operate with the trial of the case.
